It is a dozen years since I bought my home in Herne Hill. Conveyancing solicitors have just been appointed on the sale but I can't find my title documents. Is this a major issue?
Don’t worry too much. Firstly the deeds may be retained by your lender or they could be in the possession of the solicitor who oversaw your purchase. Secondly in all probability the property will be registered at the land registry and you will be able to prove you own the property by your conveyancing solicitors acquiring current official copies of the land registers. Nearly all conveyancing in Herne Hill involves registered property but in the rare situation where your property is not registered it adds to the complexity but is not insurmountable.
My aunt advised me that in purchasing a property in Herne Hill there may be various restrictions limiting what one can do in terms of external changes to a property. Is this right?
We are aware of anumerous of properties in Herne Hill which have some sort of restriction or requirement of consent to carry out external variations. Part of the conveyancing in Herne Hill should determine what restrictions are applicable and advising you as part of a ROT that should be sent to you.
My wife and I buying a end of terrace house in Herne Hill. Our aim is to convert the garage to an office at the house.Will legal due diligence on the property include checks to determine if these works are allowed?
Your property lawyer should check the deeds as conveyancing in Herne Hill will on occasion identify restrictions in the title documents which prevent categories of changes or need the permission of a 3rd party. Many extensions require local authority planning consent and approval under the building regulations. Certain locations are designated conservation areas and special planning restrictions apply which frequently prevent or impact extensions. You should check these issues with a surveyor ahead of any purchase.
Is it the case that all Herne Hill CQS (Conveyancing Quality Scheme) solicitors are on the Bank of Ireland conveyancing list of approved solicitors?
It is true that some banks and building societies now utilise the accreditation scheme as the kick off point for Panel approval such as HSBC and Santander. CQS accreditation however gives no guarantee to lender panel acceptance. That being said,the Council of Mortgage Lenders have indicated that it is likely to become a pre-requisite for solicitors wishing to join their panels.
Are there restrictive covenants that are commonly identified as part of conveyancing in Herne Hill?
Restrictive covenants can be picked up when reviewing land registry title as part of the legal transfer of property in Herne Hill. An 1874 stipulation that was seen was ‘The houses to be erected on the estate are each to be of a uniform elevation in accordance with the drawings to be prepared or approved by the vendor’s surveyor…’
How does conveyancing in Herne Hill differ for new build properties?
Most buyers of new build property in Herne Hill contact us having been asked by the developer to sign contracts and commit to the purchase even before the house is built. This is because developers in Herne Hill usually purchase the site, plan the estate and want to get the plots sold off as they are building the properties. Buyers, therefore, will have to exchange contracts without actually seeing the house they are buying. To reduce the chances of losing the property, buyers should instruct conveyancing solicitors as soon as the property is reserved and mortgage applications should be submitted quickly. Due to the fact that it could be several months and even years between exchange of contracts and completion, the mortgage offer may need to be extended. It would be wise to use a lawyer who specialises in new build conveyancing especially if they are accustomed to new build conveyancing in Herne Hill or who has acted in the same development.
Is it possible to change solicitor as I need to retain one who is on the Santander conveyancing panel. I instructed a family conveyancing solicitor in Herne Hill round the corner but she is not accepted by Santander
We will our best to assist in finding you a conveyancing solicitor in Herne Hill on the Santander panel. Please note that the property lawyers that we work with do not pay us a referral fee if you instruct them and are fully regulated by the Solicitors Regulation Authority who regulate all conveyancing solicitors in Herne Hill. In making use of the find a conveyancing solicitor tool on this website, you can compare and instruct different solicitors and conveyancers both nationally and in Herne Hill.
After months of dialogue we cannot agree with our landlord on how much the lease extension should cost for our flat in Herne Hill. Does the Leasehold Valuation Tribunal have jurisdiction to calculate the appropriate figures?
You certainly can. We are happy to put you in touch with a Herne Hill conveyancing firm who can help.
An example of a Freehold Enfranchisement matter before the tribunal for a Herne Hill premises is 66 Southwell Road in March 2012. By Order of Deputy District Judge Stone dated 25 January 2012 a vesting order was made. The determination of the purchase price was referred to the Tribunal who decided that the amount payable for the freehold should be£29,612.00 This case affected 3 flats. The unexpired term was 72.58 years.
In relation to leasehold conveyancing in Herne Hill what are the most common lease defects?
There is nothing unique about leasehold conveyancing in Herne Hill. All leases are drafted differently and legal mistakes in the legal wording can result in certain provisions are missing. For example, if your lease is missing any of the following, it could be defective:
A provision for the recovery of money spent for the benefit of another party.
You will have difficulties when selling your property if you have a defective lease primarily because it impacts on the ability to obtain a mortgage on the property. Birmingham Midshires, Barnsley Building Society, and Godiva Mortgages Ltd all have express conveyancing instructions when it comes to what is expected in a lease. If a mortgage lender believes that the lease is problematic they may refuse to provide security, forcing the purchaser to withdraw.